A. Hold Harmless and Indemnity Agreement: Prior to the approval of a Mobile Food Concessionaire Permit, the applicant must provide a hold harmless and indemnity agreement to the City, in a form acceptable to the City.
B. Liability Insurance: Prior to the approval of a Mobile Food Concessionaire Permit for a Mobile Food Concessionaire located on City-owned or public property, the applicant shall obtain public liability insurance naming the City as an additional insured in an amount not less than five hundred thousand dollars ($500,000.00) for property damage and injuries, including injury resulting in death, caused by the operation of the applicant's Vending business. The applicant shall furnish the City with a certificate of public liability insurance, in a form acceptable to the City, from an insurer approved by the City. The certificate of insurance shall be for at least the term of the Vendor's Mobile Food Concessionaire Permit and shall not be subject to cancellation without thirty (30) days' actual notice to the City.
C. Consent Agreement: In order to receive a Mobile Food Concessionaire Permit to operate a Mobile Food Concessionaire located on private property, the applicant shall provide, along with the other application requirements imposed by this Chapter, a Mobile Food Concessionaire Consent Agreement ("Consent Agreement") entered into and executed by the applicant and owner of said private property. Only the standard Mobile Food Concessionaire Consent Agreement provided by the City and made available to applicants at the office of the City Clerk shall satisfy the requirements of this section. The purpose and function of the Consent Agreement is to ensure that the owner of the private property where the applicant intends to locate the Mobile Food Concessionaire consents to the assumption all liabilities derived from the Mobile Food Concessionaire, consents to hold the City harmless, and consents to indemnify the City against any and all claims arising from the Mobile Food Concessionaire's location and operation. The applicant and the owner of the private property where the applicant will locate the Mobile Food Concessionaire shall, upon review and agreement, execute the Consent Agreement by mutually signing, dating and promptly furnishing a copy of the signed and dated Consent Agreement to the City. Both the applicant and the owner of the private property are subject to and must comply with all provisions of the Consent Agreement as determined and provided for by the City. (Ord. 726, 5-22-2023)